HB2862sam001 101ST GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/30/2019

10100HB2862sam001 LRB101 10300 AWJ 58823 a

AMENDMENT TO HOUSE BILL 2862

AMENDMENT NO. ______. Amend House Bill 2862 on page 1, line 5, by replacing "7.6 and 11" with "4, 7.6, 11, and 16"; and

on page 1, immediately below line 6, by inserting the following:

"(70 ILCS 2305/4) (from Ch. 42, par. 280)

Sec. 4. Board of trustees; powers; compensation. The trustees shall constitute a board of trustees for the district. The board of trustees is the corporate authority of the district, and shall exercise all the powers and manage and control all the affairs and property of the district. The board shall elect a president and vice-president from among their own number. In case of the death, resignation, absence from the state, or other disability of the president, the powers, duties and emoluments of the office of the president shall devolve upon the vice-president, until the disability is removed or until a successor to the president is appointed and chosen in the manner provided in this Act. The board may select a secretary, treasurer, executive director, and attorney, and may provide by ordinance for the employment of other employees as the board may deem necessary for the municipality. The board may appoint such other officers and hire such employees to manage and control the operations of the district as it deems necessary; provided, however, that the board shall not employ an individual as a wastewater operator whose Certificate of Technical Competency is suspended or revoked under rules adopted by the Pollution Control Board under item (4) of subsection (a) of Section 13 of the Environmental Protection Act. All employees selected by the board shall hold their respective offices during the pleasure of the board, and give such bond as may be required by the board. The board may prescribe the duties and fix the compensation of all the officers and employees of the sanitary district. However, the president of the board of trustees shall not receive more than $10,000 per year and the other members of the board shall not receive more than $7,000 per year. However, beginning with the commencement of the new term of each board member in 1993, the president shall not receive more than $11,000 per year and each other member of the board shall not receive more than $8,000 per year. Beginning with the commencement of the first new term after the effective date of this amendatory Act of the 95th General Assembly, the president of the board shall not receive more than $18,000 $14,000 per year, and each other member of the board shall not receive more than $15,000 $11,000 per year. The board of trustees has full power to pass all necessary ordinances, rules and regulations for the proper management and conduct of the business of the board and of the corporation, and for carrying into effect the objects for which the sanitary district was formed. The ordinances may provide for a fine for each offense of not less than $100 or more than $1,000. Each day's continuance of a violation shall be a separate offense. Fines under this Section are recoverable by the sanitary district in a civil action. The sanitary district is authorized to apply to the circuit court for injunctive relief or mandamus when, in the opinion of the chief administrative officer, the relief is necessary to protect the sewerage system of the sanitary district.

The board of trustees shall have the authority to change the name of the District, by ordinance, to the North Shore Water Reclamation District. Any such name change shall not impair the legal status of any act by the sanitary district. If an ordinance is passed pursuant to this paragraph, all provisions of this Act shall apply to the newly renamed district. No rights, duties, or privilege of such sanitary district or of any person existing before the change of name shall be affected by the change in the name of the sanitary district. All proceedings pending in any court relating to such sanitary district may continue to final consummation under the name in which they were commenced.

(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)"; and

on page 1, line 13, by replacing "fees owed at the time of a property's sale" with "fee or connection-related fee"; and

on page 2, line 11, after the period, by inserting "The payment of connection fees or connection-related fees by the user or any other interested party is a condition for the continued connection of the real property or any structure thereon. The sanitary district shall have the authority to terminate all connections and service to any real property or structure thereon if any connection fee or connection-related fee is not paid within 60 days from the date such payment is due by the user or any other party that has an interest or subsequently acquires an interest in the property."; and

on page 2, lines 14 and 15, by replacing "fees owed at the time of a property's sale" with "fee or connection-related fee"; and

on page 9, immediately below line 21, by inserting the following:

"(70 ILCS 2305/16) (from Ch. 42, par. 292)

Sec. 16. Entering other property for improvements; emergency improvements.

(a) When, in making any improvements which any district is authorized by this act to make, it shall be necessary to enter upon and take possession of any existing drains, sewers, sewer outlets, plants for the purification of sewage or water, or any other public property, or property held for public use, the board of trustees of such district shall have the power so to do and may acquire the necessary right of way over any other property held for public use in the same manner as is herein provided for acquiring private property, and may enter upon, and use the same for the purposes aforesaid: Provided, the public use thereof shall not be unnecessarily interrupted or interfered with, and that the same shall be restored to its former usefulness as soon as practicable.

(b) If a board of trustees determines there is an emergency affecting the public health or safety and the emergency requires approval from the governing authority of any public property, public or private utility, or railroad for permission to enter upon the property, right-of-way, or easement and if the approval is not acted upon within 48 hours from the time the sanitary district's request is served on the entity, then the request for entry is deemed granted. If the sanitary district is to perform work within 50 feet of railroad right-of-way for work that does not require entry onto the railroad right-of-way and requires approval from the railroad to satisfy a requirement imposed upon the sanitary district or its contractors or subcontractors in order to obtain a policy or endorsement for special railroad protective liability insurance, then the approval is deemed granted if the request is not acted upon within 48 hours from the time that the request was served. A request is served when submitted in accordance with a method established by a receiving entity for such requests or may be made by sending the request by United States Postal Service, by certified mail or by overnight or express mail which provides tracking and acknowledgment of delivery, or by private carrier providing tracking and acknowledgment of delivery. A sworn statement executed by the executive director stating that the requirements of this paragraph have been satisfied and that the entity has failed to act after service of a request shall be sufficient evidence that the request has been deemed approved due to the entity's failure to act as required by law.

Railroads may not charge the sanitary district any fee or charge if the work does not require actual entry upon the railroad's property. If access onto the entity's property is required, any fee charged shall be reasonable and shall be solely related to the cost incurred by the entity to review the work to be performed by the sanitary district and to implement required safety provisions.

(Source: Laws 1911, p. 299.)".